[Ord. 808, 8/11/2015]
If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Borough of Beaver may, upon request, grant relief
from the strict application of the requirements.
[Ord. 808, 8/11/2015; as amended by Ord. 811, 10/13/2015]
1. Requests for variances shall be considered by the Borough of Beaver in accordance with the procedure contained in §
8-211 and the following:
A. No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In an A Area/District, BFEs are determined using the methodology in §
8-302, Subsection
1C.
B. No variance shall be granted for any construction, development, use,
or activity within any Floodway Area/District that would cause any
increase in the BFE.
C. Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Part
5) or to development which may endanger human life (§
8-404).
D. No variance shall be granted for prohibited activities (Part 5).
E. Variances shall only be given where the applicant shows that granting
of a variance will not result in increased flood heights, additional
threats to public safety, or extraordinary public expense, nor cause
fraud on or victimization of the public or conflict with existing
local laws or ordinances.
F. If granted, a variance shall involve only the least modification
necessary to provide relief.
G. In granting any variance, the Borough of Beaver shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety, and welfare and to achieve the
objectives of this chapter.
H. Whenever a variance is granted, the Borough of Beaver shall notify
the applicant, in writing, that:
(1)
The granting of the variance may result in increased premium
rates for flood insurance.
(2)
Such variances may increase the risks to life and property.
I. In reviewing any request for a variance, the Borough of Beaver shall
consider, at a minimum, the following:
(1)
That there is good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(3)
That the granting of the variance will:
(a)
Neither result in an unacceptable or prohibited increase in
flood heights, additional threats to public safety, or extraordinary
public expense;
(b)
Nor create nuisances, cause fraud on, or victimize the public,
or conflict with any other applicable state or local ordinances and
regulations.
J. A complete record of all variance requests and related actions shall
be maintained by the Borough of Beaver. In addition, a report of all
variances granted during the year shall be included in the annual
report to FEMA.
2. Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.